IBSF 2018 IBSF vs Aaron Victorian III

In December 2018 the International Bobsleigh & Skeleton Federation (IBSF) has reported an anti-doping rule violation against the Canadian Athlete Aaron Victorian III after his A and B samples tested positive for the prohibited substance Cocaine. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.

In his submission the Athlete denied the intentional use of the substance and explained with evidence that he had used Bolivian tea for years that contained coca leaves for his high altitude sickness.

Further the Athlete requested to lift the provisional suspension which was rejected by the Anti-Doping Hearing Panel on 31 December 2018. Hereafter the Athlete failed to respond to the IBSF communications.
The Panel deems that the Athlete has been given sufficient time to provide any further statement or explanation regarding the positive test and has waived his right to ask for a hearing.

Considering the evidence provided by the Athlete the Panel accepts the Athlete’s explanation that the coca tea was the source of the positive test. The Panel finds that the violation was not intentional but he failed to provide any evidence about his altitude sickness nor why he never seeked medical help or tried other medical remedies to cure him.

The Panel concludes that drinking coca tea without further inquiries or research cannot be considered as fulfilling a "duty of care". The Athlete did not establish in his submission that he could not, even with the exercise of the utmost caution, reasonably have suspected that he had been administered a Prohibited Substance.

Therefore the IBSF Anti-Doping Hearing Panel decides on 23 May 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 29 December 2018.

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Parameters:

Legal
Decisions International Federations
Date:
23 May 2019
Arbitrator
Blackshaw, Ian S.
Di Gianfrancesco, Alessia
Hemmersbach, Peter
Source
International Bobsleigh & Skeleton Federation (IBSF)
Country
Canada
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Negligence
No intention to enhance performance
Period of ineligibility
Waiver of "right to be heard"
Sport/IFs
Bobsleigh and Skeleton (IBSF) - International Bobsleigh & Skeleton Federation
Laboratories
Salt Lake City, USA: The Sports Medicine Research and Testing Laboratory (SMRTL)
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B sample analysis
Doping classes
S6. Stimulants
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Cocaine
Various
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